Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The licensing body must consider an application that has been made for the grant or renewal of a barrister practising certificate, and may—
(a) grant or renew the practising certificate; or
(b) refuse to grant or renew the practising certificate.
Note When granting or renewing a local practising certificate, the licensing body may impose conditions on the certificate under s 47.
(2) However, the licensing body—
(a) must not consider an application for grant or renewal of a barrister practising certificate unless it has received a report from the bar council stating that—
(i) the application has been made in accordance with this Act; and
(ii) the required fees have been paid; and
(b) must refuse to grant or renew the practising certificate unless it has received a report from the bar council stating that the applicant has complied with the criteria prescribed by regulation and the legal profession rules for the grant or renewal.
(3) The licensing body must not grant a barrister practising certificate unless it has received a report from the bar council stating that the bar council is satisfied that the applicant—
(a) was eligible to apply for the grant when the application was made; and
(b) is a fit and proper person to hold the certificate.
(4) The licensing body must not renew a barrister practising certificate if it has received a report from the bar council stating that the bar council is satisfied that the applicant—
(a) was not eligible to apply for the renewal when the application was made; or
(b) is not a fit and proper person to continue to hold the certificate.
(5) The licensing body must not grant or renew a barrister practising certificate if it has received a report from the bar council stating that—
(a) the bar council considers the applicant's circumstances have changed since the application was made; and
(b) the applicant would (having regard to information that has come to the bar council's attention) not have been eligible to make the application when the application is being considered.
(6) This section does not affect any other provision of this Act that provides for the refusal to grant or renew a barrister practising certificate.
Note Section 38 (2) (d) provides for the refusal to grant or renew a barrister practising certificate unless the bar council provided a report to the licensing body stating that the bar council is satisfied that the applicant will be covered by an approved policy of indemnity insurance. See also s 63 (Refusal to grant or renew barrister practising certificate—failure to show cause etc).
(7) If the licensing body grants or renews a barrister practising certificate, the licensing body must give the applicant—
(a) for the grant of a certificate—the practising certificate granted; or
(b) for the renewal of a certificate—the new practising certificate.
(8) If the licensing body refuses to grant or renew a barrister practising certificate, the licensing body must give the applicant an information notice.